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SJD1501 Assignment 7 Semester 1 2024
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SJD1501 Assignment 7 Semester 1 2024
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SJD1501 Assignment 7Final Portfolio
Due 9 June 2024
1.1 What is the impact of social media on the constitutional right to Privacy (125
words) 5 marks
1 Privacy
In terms of South African law, the impact of social media on the constitutional right to
privacy is significant. The Constitution of South Africa guarantees the right to privacy under
Section 14, protecting individuals against unlawful intrusion. However, social media
challenges this right as individuals often share personal information online, sometimes
unwittingly, making it accessible to a broad audience. Employers and others can access
this information, potentially leading to breaches of privacy. The Protection of Personal
Information Act (POPIA) aims to regulate the processing of personal information, ensuring
that privacy is respected even in the digital realm. However, the balance between
leveraging social media for legitimate purposes and protecting individual privacy remains a
complex and evolving issue in South Africa.
1 MT Skosana(2016) the right to privacy and identity on social network sites: a comparative legal perspective
1.2. What is the impact of social media on the constitutional right to Freedom of
expression?
Impact of social media
In terms of South African law, social media profoundly impacts the constitutional right to
freedom of expression, as enshrined in Section 16 of the Constitution. Social media
platforms provide individuals with unprecedented opportunities to express their views,
share information, and engage in public discourse. This democratization of expression
empowers marginalized voices and promotes a more inclusive public dialogue. However,
this freedom is not absolute; it must be balanced against other rights and societal interests,
such as preventing hate speech, incitement to violence, and protecting dignity and privacy.
The rise of social media has also led to the proliferation of misinformation and
cyberbullying, challenging the regulation of content without infringing on the right to free
expression. Thus, while social media enhances freedom of expression, it also necessitates
careful regulation to mitigate associated risks.
2Macrobet Attroneys (2022) social media: when can the right to freedom of expression be limited by the right to privacy?
1.3. What is the impact of social media on racism? (125 words) 5 marks
The impact of social media on racism
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